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Home My WebLink About2001 - City of Bellingham Municiple Court JudgeROUTER TITLE: .......................... ......................... ...... ... ....................... ............................ MAY 9 200, RECEIVED TO PROSECUTOR'S OFFICE FROM PROSECUTOR'S OFFICE ELECTION SUPERVISOR BALLOT LAYOUT PROOF LAYOUT PUBLISHED NOTICE OF CLOSING CERTIFICATION PUBLISHED NOTICE OF ELECTION DISTRICT SECRETARY TREASURER'S OFFICE ASSESSOR'S OFFICE RECEIVED MAY - 7 2001 C. Auditors ORDINANCE NO. 2001-04-032 AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 2.16, DEPARTMENT OF MUNICIPAL COURT, SECTIONS 2.16.030-2.16.050, AND ADDING SECTION 2.16.070 TO COMPLY WITH RCW 3.50 AND TO PROVIDE FOR THE ELECTION OF A FULL TIME MUNICIPAL COURT JUDGE, THE APPOINTMENT OF JUDGES PRO TEM, SET SALARIES AND RESIDENCY REQUIREMENTS. WIIEREAS, the City of Bellingham Municipal Court*is established pursuant to RCW 3.50; and WHEREAS, the Bellingham Municipal Court assumed the prosecution of all misdemeanors and gross misdemeanors committed in the City of Bellingham in January 1998; and WHEREAS, since that time there has been an increase in caseload which has resulted in increase of the compensated time for judicial positions; and WHEREAS, pursuant to RCW 3.50.055 the increase in compensated time for judicial is requires that the judicial position be filled by election; NOW, THEREFORE, THE CITY OF BELLINGHAM DOES ORDAIN: Section 1. Bellingham Municipal Code 2.16.030 is hereby amended to read as follows: 2.16.030 Municipal Judge and Court Personnel A. The position of Municipal Judge shall be filled by election. The term shall be four years, with the initial term commencing January 1, 2002, and every four years thereafter. The election shall be held the November preceding the year in which the term commences. B. A person elected as a full time Municipal Judge shall be a citizen of the United States, a resident of Whatcom County, Washington; and an attorney admitted to practice law before the courts of record of the State of Washington. C. All employees of the Municipal Court shall be employees of the City. They shall be appointed and serve at the pleasure of the Court. City of Bellingham '1 Municipal judge Election Ordinance - 1 CITY ATTORNEY210 Lottie Street 7EH/judge ord.doc Bellingham, Washington 98225 Telephone (360) 676-6903 Section 2. Bellingham Municipal Code 2.16.040 is hereby amended to read as follows: 2.16.040 Judges Pro Tern The presiding Municipal Court Judge may appoint judges pro tern who shall act in the absence or disability of the regular judge of the municipal court or subsequent to the filing of an affidavit of prejudice. The judges pro tem shall be qualified to hold the position of Judge of the Municipal Court except that a judge pro tem need not be a resident of the city or county in which the Municipal Court is located. The Municipal Court judges pro tern shall receive such compensation as shall be fixed by the ordinance. The term of the appointment shall be specified in writing but in any event shall not extend beyond the term of the appointing judge. Section 3. Bellingham Municipal Code 2.16.050 is hereby amended to read as follows: 2.16.050 Judicial Salaries A. The salary for the Municipal Court Judge, effective January 1, 2002, shall be $94,548 per year plus any increase, annually or otherwise, in accordance with the E Plan salary schedule. B. The salary for judges pro tem shall be $50 per hour; provided, for conducting jury trials, judges pro tem shall be paid at the rate of $60 per hour. Such salary shall be adjusted, annually or otherwise, pro rata to any increase in the elected judge position salary. Section 4. The following is hereby added to the Bellingham Municipal Code: 2.16.070 Judges — Residency Requirement A judge of the Municipal Court need not be a resident of the City of Bellingham, but must be a resident of Whatcom County, Washington. PASSED by Council this 30TH day of APRIL , 2001. Cou cil President APPROVED by me this day of 20201. Mayor Municipal Judge Election Ordinance - 2 JEIVjudge ord,doc City of Bellingham CITY ATTORNEY 210 Lottie Street Bellingham, Washington 98225 I Telephone (360) 676-6903 Attest: Approved as to form: 17► .f .r MI..• . . f z :az Published: City of Bellingham CITY ATTORNEY Municipal Judge Election Ordinance - 3 210 Lottie Street JEH/judge ord.doe Bellingham, Washington 98225 Telephone (360) 676-6903 3.50.075 Title 3 RCW: District Courts --Courts of Limited Jurisdiction judge need not be a resident of the city or of the county in which the municipal court is created. [1994"e 10 § 1.] 3.50.080 Salaries of judges --Payment of court operating costs from city funds ---Judges and employees as city employees. Salaries of municipal court judges shall be fixed by ordinance. All costs of operating the municipal court, including but not limited to salaries of judges and court employees, dockets, books of records, forms, furnish- ings, and supplies, shall be paid wholly out of the funds of the city or town. The city shall provide a suitable place for holding court and pay all expenses of maintaining it. All employees of the municipal court shall, for all purposes, be deemed employees of the city or town. They shall be appointed by and serve at the pleasure of the court. (1984 c 258 § 111, 1961 c 299 § 57.) Court Improvement Act of 1984--Effective dates—Severability— Short title---1984 c 258: See notes following RCW" 3.30.0M Application-1984 c 258 §§ 101-139. See note following RCW 3.50,005. ;salaries of numicipal Judges in cities over 400,000: RCW 3,58.010 and 35.20.160. 3.50.090 Judges pro tem. The presiding municipal court judge may designate one or more persons as judges pro tern to serve in the absence or disability of the elected or duty appointed judges of the court, subsequent to the filing of an affidavit of prejudice, or in addition to the. elected or duly appointed judges when the administration of justice and the accomplishment of the work of the court make it necessary. The qualifications of a judge pro tempore shall be the same as for judges as provided under RCW 3.50.040 except that a judge pro tempore need not be a resident of the city or county in which the municipal court is located. Judges pro tempore shall have all of the powers of the duly appointed or elected judges when serving as judges pro tempore of the court. Before entering on his or her duties, each judge pro tempore shall take, subscribe, and file an oath as is taken by a duly appointed or elected judge. Such pro tempore judges shall receive such compensation as shall be fixed by ordinance by the municipality in which the court is located and such compensation shall be paid by the munici- pality. [2000 c 55 § 1; 1984 c 258 § 112; 1961 c 299 "§ 58.] Court Improvement Act of 1984—Effective date"everability-- Short title--1984 c 258: See notes following RCW 3.30.010. Application-1984 c 258 §§ 101-139: See note following RCW 3.50.045. Pedges pro tempore appoinrmenrs: RCW 3.02.060 350.093 Municipal judge —Vacancy —Appointment. Any vacancy in the municipal court due to a death, disabili- ty, or resignation of a municipal court judge shall be filled by the mayor, for the remainder of the unexpired term. The appointment shall be subject to confirmation by the legisla- tive authority of the city or town if the legislative authority has the general power of confirmation over mayoral appoint- ments. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this chapter. [1984 c 258 § 113.1 Court improvement Act of 1984--Effective dates--Severability-- Short title--1984 c 258: See notes following RCW 3.30.010, [Title 3 RCW—page 14] Application--1984 c 258 §§ 101-139; See note following RCW MOMS. 3S0.095 Municipal judge --Removal from Office, A municipal judge shall be removed only upon conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering the judge incapable of per. forming the duties of the office. 11984 c 258 § 124.1 Court Improvement Act of 1984--Effective date&--Severabilitt•, Short title--I984 c 258: Swe notes following RCW 3.30,010. Application—)984 c 258 §§ 101-139: Sec note following RCW 3.50,005. 3.50.097 Judge's oath ---Bonds. Every judge of a municipal court, before entering upon the duties of the office, shall take and subscribe the following oath or affir- mation: "1 do solemnly swear (or affirm) that 1 will support the Constitution of the United States and the Constitution of the State of Washington, and that 1 will faithfully discharge the duties of the office of judge of the municipal court of the city of ...... (naming such city) according to the best or my ability." The oath shall be filed in the office of the county auditor. The judge shall also give such bonds to the state and city for the faithful performance of the judge's duties as may be by law or ordinance directed. [1984 c 258 § 110.1 Court Improvement Act of 1984—Effective dales--,5everability— Short title-1984 c 258; See notes following RCW 3.30.0111 Application—I984 c 258 §§ 101-139: gee note following RCty 3.50.005. 3.50.100 Revenue--Disposition-Interest. (1) Costs in civil and criminal actions may be imposed as provided in district court. All fees, costs, fines, forfeitures and other , money imposed by any municipal court for the violation of, any municipal or town ordinances shall be collected by the court clerk and, together with any other noninterest revenues received by the clerk, shall be deposited with the city orr town treasurer as a part of the general fund of the city town, or deposited in such other fund of the city or town, o deposited in such other funds as may be designated by laws of the state of Washington (2) The city treasurer shall remit monthly thirty-t percent of the noninterest money received under this seat other than for parking infractions, and certain costs to state treasurer. "Certain costs" as used in this subsecti means those costs awarded to prevailing parties in cii actions under RCW 4.84.010 or 36.18,040, or those cO awarded against convicted defendants in criminal attic under RCW 10.01.160, 10.46.190, or 36.18:040, or of similar statutes if such .costs are specifically designates' costs by the court and are awarded for the specific re bursetment of costs incurred by the state, county, city town in the prosecution of the case, including the fee defense counsel. Money remitted under this subsectic the state treasurer shall be deposited as provided in f 43,08,250. (3) The balance of the noninterest money received this section shall be retained by the city and deposil provided by law. (4) Penalties, fines, bail forfeitures, fees, and cost accrue interest at the rate of twelve percent per annutn